Article 31-A to 31-C

1. Articles 31A - 31C

2. ARTICLE 31
● This article says that from no person their property will be taken until there is
an authority of law and if it is done then they will be recompensed.
● Article 31(1) gave the legal authority a permission to take away the property .
● Article 31(2) mentioned the word compensation without any adjective which
made it very arbitrary as in how much compensation would be given
● After all this chaos, the 44th amendment declared Article 31 along with
Article 19(1)(g) as void.
● Article 31(1) was moved to Article 300A which rendered right to property only
as a constitutional right .

3. Doctrine of Eminent Domain
This Doctrine says that the government may take any land
holding without the owner’s opinion and just give him the
compensation for it.

4. ● During pre-independence where zamindari system was prevalent, the
landlords became very wealthy whereas the condition of the peasants got
deteriorated.
● Then the government decided to take away land holdings from the zamindars.
● The main problem that arose was to give compensation.
● So Article 31A was introduced which says that any law made in regarding the
acquisition of any estate or right by the government or management of any
property and thus modifying the managing rights, create merger of any two or
more companies or receiving the benefit of any agreement or lease or license;
will not be void or null until it has not received the assent of the president.

5. VALIDATION OF CERTAIN ACTS AND
REGULATIONS- ARTICLE 31B
● In this Article it was ruled out that if any Act present in the ninth schedule is
inconsistent with the provisions or which resist any decree or order, will be
left on the competent authority to decide if it will continue to in force or will be
void.
● Anything contained in this Article will not undermine anything contained in
Article 31A.
● This Article provides blanket protection to the laws contained in the XI
schedule.
● It has retrospective effect.

6. SAVING OF LAWS GIVING EFFECT TO CERTAIN
DIRECTIVE PRINCIPLES - ARTICLE 31C
● Article 31C was introduced by the 25th Amendment Act.
● This Article talks about the rights contained in Part IV of the constitution, the
DPSP.
● It says that any law made by the state which is against Article 14, 19 and
31,can’t be made void.
● This law made by the state should receive the assent of the President.
● It also says that any law made by the state can’t be made void if it gives effect
to any law contained in Article 39B and Article 39C.

7. SOME RELATED CASES
★ KESVANANDA BHARTI V. STATE OF KERALA
It was ruled out in this case, that any law made which is violative of the
fundamental rights under Article 368. Constitution can amend these rights
only to the extent that it does not hinder the basic structure.
★ MINERVA MILLS LTD. V. UNION OF INDIA
In this case, the extended portion of the Article 31C was radicated because it
was violating the fundamental rights and also this part was securing DPSP
above fundamental rights which should not be done as these rights are
paramount.

8. 9th SCHEDULE LAWS NOT BEYOND JUDICIAL
REVIEW
● Property acts have seen many changes in the past until it was finally repealed
with Article 31(2) been shifted to article 300A which rendered the property
right as a constitutional right which previously was a fundamental right.
● Any law that is in the IX Schedule is kept out of judicial review which is very
whimsical considering that any law no matter how arbitrary will be put by the
government in the ninth Schedule.
● This was the scenario until the case IR Coelho v. State of Tamil Nadu, which
ruled out that the laws in the ninth Schedule have to go through the test of
basic structure.

9. CONCLUSION
From the very 1st Amendment in 1951 to the 124th Amendment in 2019, the
Constitution has been amending its way to the doorway of betterment. The right to
property has faced many criticism until it became just a constitutional right. It was
later on understood that DPSP has to be secured but for that the fundamental
rights should not be abrogated, rather they have to be companions of each other.
Well, there is a lot more to be realized and worked on.